present assessment. Secondly, it was urged that since entry 37 is referential legislation, on matter of principle and authority, the amended definition must be incorporated ... what exactly the principle of interpretation applicable in cases of referential legislation and whether the court is entitled to consider the amendment effected
Union of India
& Ors.27 to support the permissibility of referential legislation.
19. As regards the date for deciding repugnancy, it is submitted ... reference. The latter would fall in the category of
referential legislation, as done in the present case. The
petitioners have contended that such referential legislation
legislation or legislation by incorporation. A subsequent legislation
often makes a reference to earlier legislation so as to make the provisions
of the earlier legislation ... earlier
legislation applicable to matters covered by the later legislation.
Such a legislation may either be (i), a referential legislation which
merely contains a reference
referential legislation any amendment made in the earlier legislation after enactment of subsequent legislation would also be applicable. But if it is a legislation ... earlier legislation applicable to matters covered by the latter legislation. Such a legislation may either be (i) a referential legislation which merely contains a reference
sufficient to say that they draw a distinction between referential legislation which merely contains a 'reference or citation of a provision of another statute ... piece of referential legislation which incorporates within itself a provision of any statute. In the former case, the provision of the second statute, along with
Legislative Methods and Forms" (1901 edition), page 263, upon the advantages, including uniformity and brevity, of this mode of legislation, termed ' referential legislation ... make the legislation colourable. Parliament has adopted one of the several legislative devices that compendiously go under the label referential legislation. Legislation by reference
Sales Tax Act, 1957 and therefore it is an
instance of referential legislation to borrow and
supplement the meaning of words and expressions which ... RAJA MOTORS [supra] is not an authority
for referential legislation; that the judgment in the case of
KENNAMETTAL WIDIA INDIA LTD [supra] has no
relevance
thus, clear that this is a incidence of referential legislation and in that the Legislature has adopted by reference the definition of "cotton fabric ... view of the fact that the definition was a piece of referential legislation, the legislative mandate must be carried out by substituting amended definition
rejected.
3. The next contention raised by the petitioners that referential legislation vide impugned amendment is not appropriate or legal as the purpose ... Supp. (1) SCC 733 held that in a case of referential legislation which merely contains a reference to, or citation of a provision of another
earlier legislation applicable
to matters covered by the later legislation. Such a legislation may either be
(i) a referential legislation which merely contains a reference ... read in the subsequent legislation. As
to whether a particular legislation falls in the category of referential
legislation or legislation by incorporation depends upon
